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Municipality of Kingston, PA
Luzerne County
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Table of Contents
Table of Contents
Code
New Laws (84) Index Notes (1)
[HISTORY: Adopted by the Town Council of the Municipality of Kingston 7-6-1998 by Ord. No. 1998-2. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 31.
Peace and good order — See Ch. 131.
The Municipality of Kingston does hereby authorize its municipal police officers to arrest without warrant under the following general rule as established by the Legislature of the Commonwealth of Pennsylvania, 1995, Nov. 17, P.L. 1090, No. 25 (Spec. Sess. No. 1), § 1, effective in 60 days, 42 Pa.C.S.A. § 8902:
A. 
General rule. For any of the following offenses, a police officer shall, upon view, have the right to arrest without warrant, upon probable cause, when there is ongoing conduct that imperils the personal security of any person or endangers public or private property:
(1) 
Under Title 18 (relating to crimes and offenses) when such offense constitutes a summary offense:
(a) 
18 Pa.C.S.A. § 5503 (relating to disorderly conduct).
(b) 
18 Pa.C.S.A. § 5505 (relating to public drunkenness).
(c) 
18 Pa.C.S.A. § 5507 (relating to obstructing highways or other public passages).
(d) 
18 Pa.C.S.A. § 6308 (relating to the purchase, consumption, possession or transportation of liquor or malt or brewed beverages).
(2) 
Violation of an ordinance of a city of the second class.
B. 
Guidelines by governmental body. The right of arrest without warrant under this section shall be permitted only after the governmental body employing the police officer promulgates guidelines to be followed by a police officer when making a warrantless arrest under this section.
The Municipality of Kingston does hereby empower and direct the Police Chief of the Municipality of Kingston to promulgate guidelines governing procedures to be followed by police officers of the Municipality of Kingston when making a warrantless arrest under the empowering statute. Said guidelines are to be established by general order of the Chief of Police Chief and may be modified from time to time by said Chief of Police.
The provisions of this chapter are declared to be separable; and if any section, sentence, clause or phrase of this chapter shall be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this chapter; but the same shall remain in full force and effect, it being the intent that this chapter shall stand, notwithstanding the invalidity of any part thereof.